GIFT   OF 

V  £> 


Some 
America  s  Exe 


SOME  MOTES 
IN  AMERICA'S  EYE 

BY 

EDWARD  JONES  COX 


Published  by 

J.  F.  ROWKTf  PRESS 

Los  Angeles,  Cal. 
1919 


•)    Ij  Copyright,  1919 

*$  V          by 

EDWARD  JONES  COX 

Newtonville,  Mass. 


AFFECTIONATELY  INSCRIBED  TO  MY  BROTHERS, 

CHARLES  M.  Cox,  OF  MELROSE,  MASSACHUSETTS, 

AND 
JOHN  W.  Cox,  OF  CORONADO,  CALIFORNIA, 

BY  THE  AUTHOR, 
EDWARD  JONES  Cox 


Introductory 

It  may  be  that  the  author,  a  retired  Boston  teacher,  gets 
the  temerity  to  criticize  the  Constitution  from  the  fact 
that,  in  the  old  days  of  the  Dedham,  Mass.,  High  School, 
the  civil  government  taught  there  consisted  in  committing 
the  Constitution  to  memory,  amendments  and  all. 

While  some  are  proposing  much  more  radical  changes 
than  are  to  be  found  suggested  here,  we  all  wish  to  attain 
the  same  object,  namely,  to  remove  the  barnacles  from 
the  Ship  of  State.  The  President,  whom  we  have  come 
to  feel  is  our  most  direct  representative,  needs  to  be  re- 
lieved of  certain  restraints ;  Congress  needs  to  be  re- 
strained from  extravagance,  and  unwisdom,  and  to  be 
composed  of  a  much  higher  class  of  men  than  of  late 
years ;  and  the  courts  need  to  be  made  instrumentalities  of 
justice  and  equity,  instead  of  so  much  precedent,  techni- 
cality and  injunction,  and  declaring  laws  to  be  unconstitu- 
tional. As  one  author  says,  "You  attribute  too  much  pene- 
tration to  our  judiciary.  You  imagine  that  official  deco- 
ration increases  human  sagacity  and  sharpens  the  percep- 
tion. It  is  quite  the  other  way.  Badges  of  office  have 
the  effect  of  inflating  egotism  to  such  a  degree  that  judg- 
ment is  corrupted."  The  problem  of  making  the  courts 
places  where  nothing  but  even-handed  justice  is  dispensed, 
needs  to  be  taken  up  with  extreme  seriousness,  and  the 
too  long-suffering  patience  of  the  American  people  with 
things  they  know  to  be  wrong,  needs  to  give  way  to  a 
determination  to  have  things  right. 

We  are  living  in  an  interesting  time.  The  other  na- 
tions of  the  world  seem  to  have  set  America  up  on  a 
pedestal  of  appreciation,  for  our  part  in  the  Great  War, 
and  it  is  a  proud  moment  in  the  life  of  our  country,  which 
has  so  few  things  in  its  history  to  be  ashamed  of.  And 

5 


SOME:  MOTDS  IN  AMERICA'S  EYE 

now,  through  the  influence  of  President  Wilson,  has 
come  about  the  formation  of  the  League  of  Nations. 
This  "carries  the  frontier  of  American  Democracy  over- 
seas. We  must  now  fight  against  ignorance  and  disease, 
poverty  and  injustice,  greed  and  tyranny,  all  over  the 
world,  a  task  calling  for  pioneers  and  crusaders,  and  the 
whole  army  of  American  citizenship."  All  nations  seem 
to  look  to  us  for  help,  and  the  great,  sympathetic  repub- 
lic responds  willingly,  with  glad  heart  and  full  hands,  as 
fast  as  possible. 

But,  at  such  a  time,  when  we  are  in  the  limelight  of 
approval,  it  is  plainly  our  duty  to  deserve  this  by  eradi- 
cating any  faults  of  our  own.  Let  us  undertake  this  in 
the  real  American  spirit. 

THE  AMERICAN  SPIRIT 

When  America  goes  forth  to  battle, 

'Tis  because  she's  forced  to  right  some  wrong. 
When  her  cannon  roar  and  muskets  rattle, 

'Tis  because  some  tyrant's  reigned  too  long. 
She  can't  bear  to  see  oppression  crushing 

Worthy  manhood,  wheresoever  found, 
To  the  rescue  all  her  power  goes  rushing, 

Till  all  shackled  peoples  are  unbound. 

Bounteous  Nature  gave  us  such  resources 

We  must  use  them  for  the  good  of  all. 
Through  our  veins  the  strength  of  freedom  courses, 

We  must  answer  ev'ry  sufFrer's  call. 
With  Old  Glory  proudly  floating  o'er  us, 

North  and  South  and  East  and  West  unite, 
Marching,  singing,  in  determined  chorus 

We  will  help  men  striving  for  the  right. 


SOME  MOTES  IN  AMERICA'S  EYE 

When  republics,  land  by  land,  have  taken 

All  the  Earth  for  popular  control, 
And  all  monarchs  from  their  thrones  are  shaken, 

No  more  shall  we  hear  the  war-drums  roll, 
Land  of  Freedom!    Ring  from  ev'ry  steeple, 

World- wide  suffrage  then  can  prove  its  worth, 
Gov'rnment  of,  and  by,  and  for  the  people 

Shall  not,  cannot,  perish  from  the  Earth. 

— E.  J.  C. 


Changes  and  additions  suggested  are  printed  in  italics. 

If  there  should  be  any  call  for  this  pamphlet,  a  second  edition 
would  contain  the  full  wording  of  those  parts  marked  Un- 
changed. Few  people  have  in  their  homes  a  copy  of  the  con- 
stitution, under  which  our  government  works.  And  few 
Americans  know  that  some  of  the  constitutions  which  have  been 
adopted  since  ours  was,  are  decided  improvements  upon  our 
own.  Let  us  not  lag  behind  Australia,  New  Zealand,  Mexico,  and 
others,  in  this  matter. 

After  reading,  kindly  write  me  your  opinion  of  it,  and  then 
present  it  to  some  library. 


Preface 

"When,  in  the  course  of  human  events,  it  becomes"  evi- 
dent that  the  time-honored  CONSTITUTION  OF  THE:  UNITED 
STATES  OF  AMERICA  has  become  in  some  ways  an  obstacle 
in  the  path  of  the  Nation's  progress,  it  behooves  any  pro- 
gressive patriot  citizen  to  see  what  suggestions  he  can 
make  for  its  improvement.  So  many  things  have  been 
done,  similar  to  the  decision  of  the  Supreme  Court  that 
the  law  providing  that  child  labor  of  sixty  hours  a  week 
should  be  forbidden,  was  unconstitutional,  that  the  ordi- 
nary citizen  has  lost  his  respect  both  for  the  court  and 
the  Constitution.  Such  decisions  as  this,  apparently  based 
on  precedent,  technicality,  or  subservience  to  wealth,  in- 
stead of  justice,  equity  and  the  best  good  of  the  Nation, 
cannot  be  too  long  made,  without  causing  a  revolution  of 
their  victims,  which  will  endanger  the  very  life  of  the 
republic. 

Therefore,  while  agreeing  that  the  wonderfully  sensible 
and  patriotic  members  of  the  convention  which  formed 
the  Constitution  of  1789,  devised  a  government  of  "checks 
and  balances"  which  has  served  the  country  remarkably 
well  for  a  century  and  a  quarter,  it  would  seem  that  it  is 
high  time  to  follow  the  example  of  such  a  state  as  Massa- 
chusetts, and  call  a  convention,  which  shall  submit  for 
popular  approval,  or  disapproval,  a  constitution  which 
shall  be  better  suited  to  the  needs  of  today.  Growth  in 
size  and  population  and  wealth,  also  invention,  immigra- 
tion, and  changed  position  among  the  nations,  have  so 
altered  conditions,  that,  while  the  old  Constitution  will 
always  be  sacred  historically,  it  ought  to  be  possible  to 
adopt  a  new  one  which  will  be  as  much  of  an  improvement 
upon  the  old  one,  as  that  was  upon  the  ARTICLES  OF  CON- 
FEDERATION OF  1775.  9 


SOME  MOTES  IN  AMERICA'S  EYE 

THE  AMERICAN'S  CREED 

I  believe  in  THE  UNITED  STATES  OF  AMERICA  as  a 
government  of  the  people,  by  the  people,  for  the  people ; 
whose  just  powers  are  derived  from  the  consent  of 
the  governed ;  a  democracy  in  a  republic,  and  a  sovereign 
nation  of  many  sovereign  states ;  a  perfect  union,  one  and 
inseparable ;  established  upon  those  principles  of  freedom, 
equality,  justice  and  humanity,  for  which  American  pa- 
triots sacrificed  their  lives  and  their  fortunes. 

I,  therefore,  believe  it  is  my  duty  to  my  country  to  love 
it,  to  support  its  constitution,  to  obey  its  laws,  to  respect 
its  flag  and  to  defend  it  against  all  enemies. 

(Awarded  the  prize  of  $1000  in  a  "National  Citizens' 
Creed  Contest",  in  President  Wilson's  administration,  and 
written  by  William  'Tyler  Page,  a  descendant  of  Presi- 
dent John  Tyler,  and  of  Carter  Braxton,  a  signer  of  the 
DECLARATION  OF  INDHPHNDHNCH.) 


10 


THE  CONSTITUTION  OF  THE  UNITED 
STATES  OF  AMERICA 

PREAMBLE 

We,  the  People  of  The  United  States  of  America,  in 
order  to  form  a  more  perfect  union,  establish  justice,  en- 
sure domestic  tranquillity,  provide  for  the  common  de- 
fense, promote  the  general  welfare,  and  secure  the  bless- 
ings of  liberty  to  ourselves  and  our  posterity,  do  ordain 
and  establish  this  constitution  for  THE;  UNITED  STATES  OF 
AMERICA. 

(The  so-called  "Elastic  Clause",  PRO  MOTH  THE 
GENERAL  WELFARE,  has  been  the  part  of  the  consti- 
tution which  has  enabled  Congress  to  adapt  our  govern- 
ment to  the  changing  conditions  of  our  growth  from  thir- 
teen weak  states  to  forty-eight  powerful  ones.  Let  us  take 
it  as  expressing  our  underlying  spirit  in  offering  these  sug- 
gestions.) 

ARTICLE  I 

LEGISLATIVE  DEPARTMENT 

CONGRESS 
SECTION  1. — Unchanged.  . . 

HOUSE  OF  REPRESENTATIVES 
SECTION  2.  1 — ELECTION  OF  REPRESENTATIVES.  The 
House  of  Representatives  shall  be  composed  of  members 
chosen  every  second  year  by  the  people  of  the  several 
states,  and  the  electors  in  each  state  shall  have  the  qualifi- 
cations requisite  for  electors  of  the  most  numerous  branch 
of  the  state  legislature,  (including  the  ability  to  speak, 
read  and  zvrite  the  English  language.) 

This  is  added  to  remove  the  danger  coming  from  the 
existence  among  us  of  communities  which  are  more  for- 
eign in  character  than  they  are  American.  11 


SOME:  MOTES  IN  AMERICA'S  EYE; 

2. — QUALIFI CATIONS  OB*  REPRESENTATIVES.  Unchanged. 

3. — APPORTIONMENT  OF  REPRESENTATIVES.  Represent- 
atives shall  be  apportioned  among  the  states,  according  to 
their  respective  numbers,  (counting  the  zt'hole  number  of 
persons  in  each  state). 

Excluding  Indians  not  taxed  is  no  longer  just,  after  the 
part  taken  by  Indians  in  the  War  of  1916-18. 

But  when  the  right  to  vote  at  any  election  for  the  choice 
of  President  or  Vice-President  of  the  United  States,  Rep- 
resentatives in  Congress,  the  executive  and  judicial  offi- 
cers of  a  state,  or  the  members  of  the  legislature  thereof  is 
denied  to  any  of  the  inhabitants  of  such  state,  being 
twenty-one  years  of  age,  and  citizens  of  the  United  States, 
or  in  any  way  abridged,  except  for  participation  in  rebel- 
lion or  other  crime,  the  basis  of  representation  shall  be 
therein  reduced  in  the  proportion  which  the  number  of 
such  citizens  shall  bear  to  the  whole  number  of  citizens 
twenty-one  years  of  age  in  such  state. 

The  negroes  of  this  country  have  reached  a  condition  of 
worthiness,  both  as  citizens  and  soldiers,  which  should 
bar  none  of  them  from  the  privilege  of  voting. 
Further  denial  of  political  privileges  to  the  women  of 
this  country  is  inexcusable. 

4. — VACANCIES.     Unchanged. 

5. — OFFICERS  OF  THE  HOUSE.    Unchanged. 

THE  SENATE 

SECTION  3. — NUMBER  OF  SENATORS.  Unchanged,  ex- 
cept that  the  electors  in  each  state  shall  have  the  qualifica- 
tions requiste  for  the  most  numerous  branch  of  the  state 
legislature,  (including  the  ability  to  speak,  read  and  zvrite 
the  English  language),  the  same  as  for  representatives. 

2. — CLASSIFICATION  OF  SENATORS  AND  VACANCIES. 
Unchanged. 

3. — QUALIFICATIONS  OF  SENATORS.    Unchanged. 

4. — PRESIDENT  OF  THE  SENATE.  Unchanged.  But,  in 
addition,  (the  Vice-President  of  the  United  States  shall 
be,  c.v-officio,  a  member  of  the  President's  cabinet,  ivith 

12 


SOME  MOTES  IN  AMERICA'S  EYE 

power  to  attend  all  meetings,  and  discuss  and  vote  upon 
all.  questions.) 

To  give  the  Vice-President  a  more  worthy  position,  and 

a  share  in  executive  responsibilities. 

5. — OFFICERS  OF  SENATE.     Unchanged 
6. — TRIAL  OF  IMPEACHMENT.     Unchanged. 
7. — JUDGMENT    IN    CASES    OF    IMPEACHMENT.    Un- 
changed. 

ELECTION  OF  SENATORS  AND 

REPRESENTATIVES 

MEETINGS  OF  CONGRESS 

SECTION  4.  1. — ELECTION  OF  MEMBERS  OF  CONGRESS. 
Unchanged. 

2. — CONGRESS  TO  MEET  ANNUALLY.  The  Congress 
shall  assemble  at  least  once  in  every  year,  and  such  meet- 
ing shall  be  on  the  first  Monday  in  December,  unless  they 
shall,  by  law,  appoint  a  different  day.  (No  Senator  or 
Representative  shall  retain  his  seat  in  Congress  after  his 
failure  to  receive  re-election,  but  the  person  chosen  in  his 
place  shall  at  once  take  it.) 

To  prevent  members  of  Congress  who  fail  of  re-election 
from  sitting  in  the  short  session  from  December  to  the 
4th  of  March,  and  introducing  spite  acts,  or  hindering 
legislation,  on  account  of  rejection.  This  has  been  one 
of  the  weak  points  in  our  government. 

POWERS  AND  DUTIES  OF  EACH  HOUSE  OF 
CONGRESS 

SECTION  5. — SOLE  JUDGE  OF  QUALIFICATIONS  OF  MEM- 
BERS. Unchanged. 

2. — RULES  OF  PROCEDURE.  PUNISHMENT  OF  MEMBERS. 
Each  house  may  determine  the  rules  of  its  proceedings, 
(except  that  no  member  may  hold  the  floor  for  more  than 
two  consecutive  hours;  neither  shall  any  rules,  or  "gentle- 
men's agreement"  be  allowed  to  bring  about  the  control  of 
either  body  by  a  small  number  of  its  members,  as  has  been 
done  in  the  Senate  by  <c senatorial  courtesy3  ),  punish  its 

13 


SOME  MOTES  IN  AMERICA'S  EYE 

members  for  disorderly  behavior,  and  with  the  concur- 
rence of  two-thirds,  expel  a  member. 

"Senatorial  courtesy,"  excessive  senatorial  dignity,  and 
allowing  measures  to  be  talked  to  death  by  letting  mem- 
bers hold  the  floor  too  long,  have  been  dangerous  to  our 
welfare,  and  strongly  resented  by  the  people,  bringing 
Congress  into  contempt. 

3. — JOURNALS.  Each  house  shall  keep  a  journal  of  its 
proceedings,  and  from  time  to  time  publish  the  same,  ex- 
cepting such  parts,  as  may,  in  their  judgment,  require 
secrecy;  (but  nothing  shall  be  printed  except  what  was 
actually  spoken);  and  the  ayes  and  noes  of  the  members 
of  either  house,  on  any  question,  shall,  at  the  desire  of  one- 
fifth  of  those  present,  be  entered  on  the  journal. 

"Leave  to  print"  is  a  privilege  which  has  been  greatly 
abused,  at  the  expense  of  the  people. 
4. — ADJOURNMENT.     Unchanged. 

COMPENSATION,  PRIVILEGES,  AND  DISABIL- 
ITIES OF  REPRESENTATIVES  AND 

SENATORS 

SECTION  6.  1.  —  COMPENSATION  —  PRIVILEGES.  Un- 
changed. 

2. — DISABILITY  TO  HOLD  OTHER  OI^ICE.    Unchanged 

MODE  OF  PASSING  LAWS 
SECTION  7.     SPECIAL  PROVISION  AS  TO  REVENUE  LAWS, 
All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives  (and  must  be  under  a  budget  system), 
Practically  all  nations  but  ours  keep  down  extravagance 
by  a  budget  system. 

but  the  Senate  may  propose  or  concur  with  amendments, 
as  on  other  bills.  (All  differences  between  the  houses  on 
any  kind  of  bill,  zvhich  may  be  settled  by  committees  of 
conference,  shall  be  brought  before  both  houses  at  least 
three  days  before  they  sJiall  be  voted  on.) 

Queer  things  have  been  done  in  conference  committees, 
even  by  single  members,  to  the  disgust  of  the  people. 

(Bach  bill  shall  state  the  object  zvhich  it  is  intended  to 
achieve,  so  that  no  case  arising  under  it  may  be  decided 
14 


SOME  MOTES  IN  AMERICA'S  EYE 

on  technicality,  but  strictly  on  equity,  and  no  bill  or  law 
which  does  this  shall  be  called  unconstitutional.) 

This  is  absolutely  necessary,  if  respect  for  our  courts  is 

to  be  restored. 

2. — LAWS,  How  ENACTED.  Every  bill  which  shall  have 
passed  the  House  of  Representatives  and  the  Senate  shall, 
before  it  becomes  a  law,  be  presented  to  the  President  of 
the  United  States.  (The  items  which  he  shall  approve,  he 
shall  sign;  but  those  which  he  shall  disapprove,  he  shall 
return,  with  his  objections,  to  that  house  in  which  they 
shall  have  originated,  who  shall  enter  the  objections  at 
large  on  their  journal,  and  proceed  to  reconsider  them. 
If  after  such  reconsideration,  tivo-thirds  of  that  house 
shall  agree  to  pass  them,  they  shall  be  sent,  together  with 
the  objections,  to  the  other  house,  by  which  they  shall  like- 
wise be  reconsidered,  and  if  approved  by  two-thirds  of 
that  house,  they  shall  become  law.  But,  in  all  such  cases, 
the  votes  of  both  houses  shall  be  determined  by  ayes  and 
noes;  and  the  names  of  the  persons  voting  for  and  against 
the  items  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  item  shall  not  be  returned  by  the 
President  ivithin  ten  days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  same  shall  be  a  law, 
in  like  manner  as  if  he  had  signed  it,  unless  the  Congress, 
by  their  adjournment,  prevent  its  return,  in  which  case  it 
shall  not  be  a  law.) 

This   will   prevent   "riders"   being  attached  to   bills   and 
give  the  President  power  to  veto  items  of  bills. 

( Bills  rushed  through  during  the  last  week  of  a  session, 
so  that  the  President  does  not  Imve  proper  time  to  con- 
sider them,  shall,  if  he  does  not  sign  them,  go  over  to  the 
next  session.) 

Many  queer  things  have  been  done  in  the  rush  of  the 
last  week. 

3. — SAME  RULES  APPLY  TO  RESOLUTIONS.    Unchanged. 

POWERS  GRANTED  TO  CONGRESS 
SECTION  8.     1 — TAXATION.    Unchanged. 

15 


SOME:  MOTES  IN  AMERICA'S  EYE 

2. — LOANS.    Unchanged. 

3. — COMMERCE.    Unchanged. 

4. — NATURALIZATION  AND  BANKRUPTCIES.  Congress 
shall  (establish  uniform  laws  on  the  subject  of  bankrupt- 
cies throughout  the  United  States), 

This  has  long  been  needed,  state  laws  are  so  diversified. 
and  a  uniform  rule  of  naturalization  (requiring  at  least 
five  years'  residence  in  the  United  States,  before  applying 
for  the  first  papers,  together  ivith  the  ability  to  speak,  read 
and  write  the  English  language.  There  shall  always  be 
espionage  laws  in  force,  under  which  troublesome  ini- 
naturalized  aliens  may  be  deported.) 

Our  fathers  were  too  liberal  in  granting  to  foreigners 
privileges  here,  and  this  has  been  thanklessly  taken  ad- 
vantage of,  especially  in  political  life. 

5. — COIN.    Unchanged. 

6. — COUNTERFEITING.    Unchanged. 

7. — POSTOFFICE.    Unchanged. 

8. — PATENTS  AND  COPYRIGHTS.    Unchanged. 

9. — COURTS.    Unchanged. 

10. — PIRACIES.    Unchanged. 

1 1 . — WAR.    Unchanged. 

12. — ARMY.    Unchanged. 

13. — NAVY.     Unchanged. 

14. — MILITARY  AND  NAVAL  RULES.  To  make  rules  for 
the  government  of  the  land  and  naval  forces  (but  the 
highest  pay  shall  be  given  to  those  branches  of  the  service 
whose  duty  it  is  to  go  into  the  danger  zone  in  battle). 

As  it  is,  the  fighting  men  receive  less  pay  than  those  of 
the  quartermaster,  commissary,  and  other  safe  branches, 

15  AND  16. — MILITIA.    Unchanged. 

17. — FEDERAL  DISTRICT  AND  OTHER  PLACES.  Un- 
changed. 

18. — MAKE  LAWS  TO  CARRY  FOREGOING  POWERS.  Un- 
changed. 

LIMITATIONS  ON  POWERS  GRANTED 
TO  THE  UNITED  STATES 

SECTION  9.     I. — SLAVE  TRADE.    Omit. 
16 


SOME;  MOTES  IN  AMERICA'S  EYE 

2. — HABEAS  CORPUS.    Unchanged. 
3. — Ex  POST  FACTO  LAW.    Unchanged. 
4. — DIRECT  TAXES.    Unchanged. 
5. — DUTIES  ON  EXPORTS. 

(Taxes  or  duties  shall  be  laid  on  American-made  arti- 
cles, and  American-raised  produce  exported  abroad,  suffi- 
cient to  cause  them  to  cost  as  much  abroad  as  they  are 
sold  at  in  this  country.) 

This  educating  the  American  public  to  pay  high  prices 
and  then  selling  American  goods  to  the  foreigner  for 
whatever  he  can  pay,  has  been  carried  to  an  absurdity. 
The  American  producers  have  got  so  that  they  would 
rather  do  anything  than  come  down  on  their  prices,  to 
our  own  too-patient  consumers. 

6. — No  COMMERCIAL  DISCREPANCY  TO  BE  MADE  BE- 
TWEEN STATES.  Unchanged. 

7. — MONEY.  How  DRAWN  FROM  THE  TREASURY.  Un- 
changed. 

8. — TITLES  OF  NOBILITY.    Unchanged. 

SECTION  10.  1,2  AND  3. — POWERS  PROHIBITED  TO  THE 
STATES.  Unchanged. 

ARTICLE  II 

EXECUTIVE  DEPARTMENT 

SECTION  l.  1. — EXECUTIVE  POWER  VESTED  IN  PRESI- 
DENT— TERM  OF  OFFICE.  The  executive  power  shall  be 
vested  in  a  President  of  the  United  States  of  America. 
He  shall  hold  office  during  the  term  of  four  years,  and, 
together  with  the  Vice  President,  chosen  for  the  same 
term,  shall  be  elected  (by  the  majority  vote  of  the  whole 
country,  without  any  regard  to  the  old  system  of  presi- 
dential electors  by  states). 

The  old  system  is  clumsy,  the  old  insistence  on  state 
rights,  based  on  the  idea  of  "a  loose  union  of  independent 
commonwealths"  is  outgrown,  and  a  straight  majority 
vote  would  be  better. 

SECTIONS  2,  3  AND  4. — Omit. 

5. — QUALIFICATIONS  OF  PRESIDENT.    Unchanged. 

17 


SOME:  MOTES  IN  AMERICA'S  EYE; 

6. — PRESIDENTIAL  SUCCESSION.    Unchanged. 

7. — SALARY  OF  PRESIDENT.    Unchanged. 

8. — OATH  OF  OFFICE  OF  PRESIDENT.    Unchanged. 

POWERS  OF  PRESIDENT 

SECTION  2.     1. — COMMANDER  IN  CHIEF.    Unchanged. 
2. — TREATIES  AND  APPOINTMENTS.    Unchanged. 
3. — FILLING  VACANCIES.    Unchanged. 
4. — SENTENCES  AND  PARDONS.     (All  pardons  granted 
and  sentences  imposed  in  the  United  States  shall  be  on 
a  probation  basis,  and  any  pardon  may  be  revoked  or 
sentence  altered  at  any  time  by  a  president  of  the  United 
States.) 

The  celebration  of  an  anniversary  by  a  governor  of  a 
state  pardoning  murderers,  and  the  granting  honorable 
discharge  from  the  army,  with  pay  for  the  time  they  were 
in  prison,  to  a  lot  of  slackers  from  the  great  war,  by  a 
pacifist  Secretary  of  War,  show  the  need  of  reviewing 
power  by  some  one  directly  responsible  to  the  people. 
Also  both  court  and  court-martial  sentences  are  often 
unduly  severe. 

FURTHER  POWERS  OF  PRESIDENT 
SECTION   3.     MESSAGE  TO   CONGRESS — ADJOURN   AND 

CALL  SPECIAL  SESSION.    Unchanged. 

SECTION  4.     IMPEACHMENT  OF  PRESIDENT,  AND  OTHER 

OFFICERS.    Unchanged. 

ARTICLE  III 
JUDICIAL  DEPARTMENT 

SECTION  1.    COURTS — TERMS  OF  OFFICE,  AND  SALARY 
OF  JUDGES.    Unchanged. 
JURISDICTION  OF  UNITED  STATES  COURTS 

SECTION  2.  CASES  THAT  MAY  COME  BEFORE  UNITED 
STATES  COURTS.  The  judicial  power  shall  extend  to  all 
cases,  in  law  and  equity,  arising  under  this  constitution, 
the  laws  of  the  United  States,  and  treaties  made,  or  whicli 
shall  be  made,  under  their  authority,  to  all  cases  affecting 
ambassadors,  other  public  ministers,  and  consuls;  to  all 
cases  of  admiralty  and  maritime  jurisdiction;  to  contro- 
ls 


SOME:  MOTES  IN  AMERICA'S  EYE 

versies  to  which  the  United  States  shall  be  a  party ;  to  con- 
troversies between  two  or  more  states;  between  a  state 
and  citizens  of  another  state ;  between  citizens  of  different 
states;  between  citizens  of  the  same  state  claiming  lands 
under  grant  of  different  states;  and  between  a  state,  or 
citizens  thereof,  and  foreign  states,  citizens,  or  subjects 
(also  all  cases  of  riot,  lynching,  usury  and  profiteering). 

Local  juries  in  state  courts,  in  these  last  cases,  seem  to 
be  afraid  to  convict. 

2. — JURISDICTION  OF  SUPREME  AND  APPELLATE  COURTS. 
Unchanged. 

3. — TRIAL  OF  CRIMES.     Unchanged. 

TREASON 

SECTION  3.     TREASON  DEFINED.    Unchanged. 
2. — CONVICTION.    Unchanged. 
3. — PUNISHMENT.    Unchanged. 

ARTICLE  IV 

THE  STATES  AND  THE  FEDERAL 
GOVERNMENT 

SECTION  1.  STATE  RECORDS.  Full  faith  and  credit  shall 
be  given  in  each  state  to  the  public  acts,  records,  and  judi- 
cial proceedings  of  every  other  state.  And  the  Congress 
may,  by  general  law,  prescribe  the  manner  in  which  such 
acts,  records,  and  proceedings  shall  be  proved,  and  the 
effect  thereof.  (All  public  and  historical  records  of  the 
nation,  states,  counties,  cities,  and  tozvns  shall  be  required 
by  law  to  be  kept  in  fireproof  buildings.) 

A  host  of  invaluable  records  of  all  kinds  at  Washington 
and  all  over  the  country,  are  kept  in  wooden  firetraps. 

ARTICLE  V 
AMENDMENTS 

SECTION  1.  AMENDMENTS,  How  PROPOSED  AND 
ADOPTED.  Unchanged. 

19 


SOME:  MOTES  IN  AMERICA'S  EYE 

ARTICLE  VI 
PROMISCUOUS  PROVISIONS 

SECTION  1.     1. — THE  PUBUC  DEBT.    Unchanged. 

2. — SUPREME  LAW  OF  THE  LAND.    Unchanged. 

3. — OATH  OF  OFFICE  AND  RELIGIOUS  TEST.  Unchanged. 

ARTICLE  VIII 
RATIFICATION  OF  CONSTITUTION 

Done  in  convention,  1787.    Here  follows  the  signatures. 

AMENDMENTS 
ARTICLE  I 

SECTION  1.  RESTRICTIONS  ON  POWERS  OF  CONGRESS. 
Congress  shall  make  no  law  respecting  an  establishment 
of  religion,  or  prohibiting  the  free  exercise  thereof ;  (but 
all  property  belonging  to  religious  denominations  shall  be 
assessed  and  taxed  by  the  authorities  of  the  town  or  city 
in  which  it  is  situated) ; 

This  would  be  fairer  to  the  people  as  a  whole  than  the 
present  system. 

or  abridging  the  freedom  of  speech ;  (excepting  utterances 
inciting  to  overthrow  the  government)  ; 

We  want  no  anarchistic  attempts  to  overthrow  our  insti- 
tutions. 

or  of  the  press ;  (but  all  publications  in  a  foreign  language, 
excepting  textbooks  for  educational  purposes,  shall  have 
the  English  translation  in  parallel  columns, 

We  want  no  chances  for  anti-Americanism  to  hide  behind 
a  foreign  language. 

and  the  government  shall  publish,  in  each  and  every  state, 
at  least  one  newspaper,  in  which  no  neivs  that  has  not  been 
confirmed  shall  be  printed), 

The  people  have  lost  all  confidence  in  their  newspapers, 
and  need  government  publications  which  will  neither  dis- 
tort, exaggerate,  nor  suppress  the  truth. 

20 


SOME;  MOTES  IN  AMERICA'S  EYE 

or  the  right  of  the  people  peaceably  to  assemble,  and  to 
petition  the  government  for  a  redress  of  grievances. 

ARTICLE  II 

SECTION  2.  RIGHT  TO  BEAR  ARMS.  A  well-regulated 
militia  being  necessary  to  the  security  of  a  free  state,  the 
right  of  the  people  to  keep  and  bear  arms  shall  not  be  in- 
fringed. (The  government  shall  give  to  every  American 
citizen  between  the  ages  of  18  and  45,  zvho  may  demand 
it,  not  more  than  two  years  of  military  training,  regardless 
of  his  physical  condition) . 

Military  training  has  proved  to  be  a  most  efficient  means 
of  improving  the  physique  of  our  manhood,  and  men  so 
trained  would  be  quickly  fit  for  service  in  time  of  need. 

ARTICLE  III 

SECTION  1.     BILLETING  of4  SOLDIERS.    Unchanged. 

ARTICLE  IV 

SECTION  1.  SEIZURES,  SEARCHES  AND  WARRANTS. 
Unchanged. 

ARTICLE  V 

SECTION  1.  CRIMINAL  PROCEEDINGS  AND  CONDEMNA- 
TION OF  PROPERTY.  Unchanged. 

ARTICLE  VI 

SECTION  1.  MODE  OF  TRIAL  IN  CRIMINAL  PROCEED- 
INGS. Unchanged. 

ARTICLE  VII 

SECTION  1.  TRIAL  BY  JURY.  Unchanged,  except  that 
(in  case  of  a  re-trial,  the  vote  of  ten  jurymen  shall  be 
sufficient  to  convict.) 

ARTICLE  VIII 

SECTION  1.  1. — BAILS,  FINES,  PUNISHMENTS,  ET 
CETERA.  Excessive  bail  shall  not  be  required,  nor  exces- 
sive fines  imposed,  nor  cruel  and  unusual  punishments  in- 
flicted. (Punishments  shall  fit  the  nature  of  the  crime, 
and  all  judges  shall  spend  at  least  twenty-four  hours  in  a 

21 


SOME  MOTES  IN  AMERICA'S  EYE 

cell  in  every  prison  to  which  they  are  accustomed  to  sen- 
tence offenders.) 

If  a  boy  daubs  paint  on  a  building,  it  is  better  to  make 
him  scrub  it  off,  than  to  have  him  or  his  parents  pay  a 
fine.  Judges  need  to  realize  what  it  means  when  they 
sentence  offenders  to  a  long  term  of  imprisonment. 

2. — (No  case  shall  be  allowed  more  than  one  appeal  to  a 
higher  court.) 

A  poor  man  cannot  afford  to  carry  a  case  through  a 
number  of  appeals. 

3. — (No  offender  shall  be  put  on  probation  more  than 
once.) 

By  the  second  or  third  time,  it  fails  to  be  any  deterrent. 
4. — (Judges  and  juries  shall  decide  each  case  by  its  indi- 
vidual equity,  without  regard  to  precedent  or  technicality. 
Judges  shall  be  subject  to  recall  by  the  authority  that 
elected  or  appointed  them.  The  discovery  of  perjury,  or 
of  evidence  favorable  to  a  convicted  defendant,  shall  en- 
title him  to  a  retrial.) 

No  official  should  be  allowed  to  feel  that  his  tenure  of 
office  is  so  secure  that  he  can  do  any  injustice. 

5. — (No  judge  shall  set  aside  a  verdict  made  or  ap- 
proved by  another  judge,  or  refuse  to  admit  evidence 
which  is  relevant  to  the  case.) 

To  put  the  responsibility  on  the  judge  who  first  tries  the 
case,  and  to  prevent  wealthy  people  or  corporations  from 
getting  judges  to  set  aside  the  fines  imposed  upon  them 
by  more  righteous  judges.  Why  the  great  fear  of  offend- 
ing the  rich  by  the  courts  of  this  country?  We  have 
come  to  feel  that  there  is  one  sort  of  verdict  for  the  rich, 
and  an  entirely  different  sort  for  the  poor.  Result,  an 
arrogance  of  wealth  as  bad  as  European  arrogance  of 
birth. 

6. — (No  capital  punishment  shall  be  inflicted  in  the 
United  States,  except  on  confession  of  guilt.) 

Circumstantial  evidence  and  perjury  have  claimed  too 
many  innocent  victims. 

ARTICLE  IX 

SECTION  1.    CERTAIN  RIGHTS  NOT  DENIED  TO  THE 
PEOPLE.    Unchanged. 
22 


SOME  MOTES  IN  AMERICA'S  EYE 

ARTICLE  X 

SECTION  1.     STATE  RIGHTS.    Unchanged. 

ARTICLE  XI 

SECTION  1.     JUDICIAL  POWERS.    Unchanged. 

ARTICLE  XII 

SECTION  1.  ELECTION  OF  PRESIDENT  AND  VICE  PRESI- 
DENT. Omit  entirely. 

ARTICLE  XIII 

SECTION  1.     SLAVERY.    Unchanged. 

ARTICLE  XIV 

CITIZENSHIP,  REPRESENTATION,  AND  PAYMENT  OF  PUB- 
LIC DEBT. 

Unchanged  except  to  omit  the  words  "electors  for"  in 
Section  2,  and  "elector  of"  in  Section  3. 

ARTICLE  XV 

SECTIONS  1  AND  2.     ELECTIVE  FRANCHISE.  Unchanged. 

ARTICLE  XVI 

INCOME  TAX.  CONGRESS  GIVEN  POWER  TO  LAY  AND 
COLLECT.  The  Congress  shall  have  power  to  lay  and  col- 
lect taxes  on  incomes  (and  inheritances,  profits,  unearned 
increments,  and  land  values),  from  whatever  source  de- 
rived, without  apportionment  among  the  several  states, 
and  without  regard  to  any  census  or  enumeration.  (Tax 
dodging,  -failure  of  assessors  to  assess  equitable  value,  and 
of  district  attorneys  and  attorney  generals  to  prosecute, 
shall  be  offenses  against  the  United  States,  and  be  tried  in 
the  United  States  courts,  which  shall  be  provided  with  a 
sufficient  number  of  judges  to  insure  reasonably  speed\ 
trial) 

These  evils  speak  for  themselves,  and  can  be  removed 
by  a  determined  people.  One  of  the  daughters  of  Mc- 
Cormick,  the  inventor  of  the  grain  reaper,  is  said  to 
have  been  the  only  millionaire  who  was  strictly  honest 
in  acknowledging  all  her  property  that  was  taxable. 
How  different  the  tax  rates  would  be  if  all  wealthy  peo- 
ple were  like  her !  Assessing  land  at  $14  an  acre,  which 
cannot  be  bought  for  less  than  $300  an  acre,  as  is  done 

23 


SOME  MOTES  IN  AMERICA'S  EYE 

with  vast  holdings  in  California,  is  hardly  equitable 
assessment,  and  keeps  hosts  of  people  living  in  city  tene- 
ments, who  would  be  glad  to  live  on  their  own  land. 

ARTICLE  XVII 

PROHIBITION  OF  THE  MANUFACTURE  AND  SALE  OF  IN- 
TOXICATING LIQUORS.  As  put  into  effect  in  1919. 

ARTICLE  XVIII 

DEBARMENT  OF  LAWYERS.  (Every  lawyer  who  defends 
a  client  whom  he  knows  to  be  guilty,  or  assists  a  client  in 
evading  the  lazu,  shall  be  debarred  for  at  least  six  months 
for  each  offense.) 

Lawyers  should,  like  Lincoln,  advise  such  clients  to  plead 
guilty,  and  take  their  medicine,  rather  than  defend  them 
in  a  case  which  should  never  be  tried,  at  the  expense  of 
an  outraged  public. 

ARTICLE  XIX 

NATIONAL  EDUCATION.  ( The  United  States  shall  take 
entire  charge  of  the  education  of  its  people,  both  youths 
and  adults,  establish  educational  standards,  examine  and 
certify  teachers,  fix  their  salaries  and  tenure  of  office, 
making  both  attractive  to  first-class  talent,  and  provide 
equal  quality  of  supplies,  books,  and  school  buildings 
throughout  the  country.) 

This  will  be  the  only  way  to  give  the  children,  also  the 
night  school  adults,  who  live  in  less  well-to-do  communi- 
ties, an  equality  in  educational  opportunity  with  those 
who  live  in  richer  ones. 

(No  parochial  or  private  school  shall  be  allowed  to  keep 
children  in  the  grammar  or  high  school  grades.  These 
grades  must  be  attended  in  the  public  schools.  Every 
child  shall  be  required  to  pass  through  the  high  school,  re- 
ceiving a  diploma  worded  so  as  to  show  his  ability,  and 
if  the  family  circumstances  make  this  financially  impos- 
sible, the  public  funds  shall  be  loaned  to  make  up  the  de- 
ficiency.) 

Any  person's  religious  bias  can  be  given  by  his  church 
during  the  primary  grades'  ages.  Continual  private  school- 
ing tends  towards  snobbishness,  and  class  feeling.     The 
24 


SOME:  MOTES  IN  AMERICA'S  EYE 

public  school  is  the  great  proving  ground  of  American- 
ism, and  every  child  should  be  given  the  same  oppor- 
tunity in  it. 

ARTICLE  XX 

BUSINESS  LICENSES.  (Every  person,  firm,  or  corpora- 
tion doing  business  in  this  country  shall  pay  annually  a 
United  States  license,  to  be  established  by  law.) 

This  will  provide  a  means  of  checking  exorbitant  prices, 
on  the  one  hand,  and  inferior  service,  or  quality,  on  the 
other.  The  country  is  full  of  "robber  barons,"  in  both 
wholesale  and  retail  lines,  and  get-rich-quick  schemes. 

ARTICLE  XXI 

The  United  States  shall  provide  for  its  ambassadors, 
ministers  and  consuls  in  foreign  countries,  residences, 
salaries,  and  expense  money  equal  to  those  provided  by 
the  other  first-class  powers. 

So   that   these   positions   can   be    accepted   by   able   men 

who  may  not  happen  to  be  rich. 

ARTICLE  XXII 

NATIONAL  ADMINISTRATION  OF  PUBLIC  UTILITIES. 
(The  United  States  shall  take  under  its  control  and  ad- 
minister for  the  public  benefit  only  those  public  utilities, 
such  as  water  power,  irrigation  dams,  oil  lands,  mines,  ex- 
press routes,  telegraph,  telephone  and  cable  lines,  aero- 
plane routes,  railroads,  shipping,  grain  elevators,  and 
stockyards,  whose  officials  have  not  given  their  employes, 
the  public,  and  the  government,  a  fair  deal.) 

The  "public-be-damned"  policy  of  some  American  million- 
aires makes  this  desirable.  Others  should  continue  in 
power  and  in  public  esteem. 

ARTICLE  XXIII 

COMPULSORY  VOTING  AND  OFFICE  HOLDING.  (Con- 
gress shall  establish  by  laiv  a  graded  system  of  fines  for 
persons  qualified  to  vote  who  fail  to  register  and  vote, 
also  a  means  of  voting  for  enforced  absentees.  Also  a 
graded  system  of  imprisonment  for  elected  officials  who 
refuse  to  serve.) 

25 


SOME;  MOTES  IN  AMERICA'S  EYE 

Non-voters  are  unworthy  of  a  place  in  an  American  com- 
munity. The  standard  of  politics  can  be  raised  by  com- 
pelling those  best  qualified  to  serve  us  in  public  office  to 
do  so,  as  did  the  Pilgrim  Fathers.  Let  the  office  seek 
the  best  possible  man,  not  the  man  the  office 

Of  course  we  know  that  radical  changes  like  these 
cannot  be  brought  about  at  all  quickly.  Although  they 
are  in  the  minds  of  thousands  of  Americans,  some  favor- 
ing these  items,  others,  those,  determined  opposition  may 
be  expected  from  the  hidebound  conservatives,  especially 
those  whose  financial  profit  would  be  affected.  They 
hope  to  continue  their  old  game  of  fooling  the  people, 
through  their  management  of  the  old  political  parties, 
while  they  work  things  so  as  to  add  to  their  unwieldy 
fortunes,  whereas  the  demand  of  the  age  is  for  better  con- 
ditions in  the  places  of  labor,  a  higher  standard  of  living 
in  the  homes  of  the  toilers,  a  less  absurdly  unequal  dis- 
tribution of  wealth,  and  a  political  party  that  cannot  be 
fooled. 

We  must  look  higher  than  what  we  have  meant  bv 
FREEDOM,  or  by  LIBERTY,  FRATERNITY,  AND 
EQUALITY,  and  demand  MUTUAL  CONCESSION, 
or  ALTRUISTIC  CO-OPERATION,  or  in  simple 
words,  A  FAIR  DEAL  TO  ALL.  Selfish  firms  and 
corporations  must  be  made  to  follow  the  example  of 
those  unselfish  ones,  which,  by  profit  sharing,  providing 
good  wages,  and  good  labor-  and  home-conditions,  have 
made  capital  and  labor  a  harmonious  co-operation.  A 
fair  deal  for  everybody  must  take  the  place  of  greed,  if 
America  is  really  to  PROMOTE  THE  GENERAL 
WELFARE.  A  determined  people  has  the  power  to 
bring  this  about,  and  does  not  need  to  use  bullets,  but 
ballots. 


26 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
BERKELEY 

Return  to  desk  from  which  borrowed. 
This  book  is  DUE  on  the  last  date  stamped  below. 

w 


NOV  26  1947 
LIBRARY 


LD  21-100m-9,'47(A5702sl6)476 


Gaylord  Bros. 

Makers 
Syracuse.  N.  Y. 

PAT.  JAN. 21,  1908 


1  O 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


